[116th Congress Public Law 157]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 704]]
Public Law 116-157
116th Congress
An Act
To extend public safety officer death benefits to public safety officers
whose death is caused by COVID-19, and for other purposes. <<NOTE: Aug.
14, 2020 - [S. 3607]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Safeguarding
America's First Responders Act of 2020. 34 USC 10281 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding America's First
Responders Act of 2020''.
SEC. 2. SENSE OF CONGRESS; PURPOSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) an infectious disease pandemic known as COVID-19 exists;
(2) to date, there is much still unknown about COVID-19, but
it is known that COVID-19 and related complications may be
fatal;
(3) services provided by public safety officers are
nonetheless essential during this pandemic;
(4) due to the COVID-19 pandemic and what is currently known
about how the disease is spread, public safety officers are
uncharacteristically at risk of contracting the disease; and
(5) although the Public Safety Officers' Benefits program
currently covers deaths and permanent and total disabilities
resulting from infectious disease sustained by public safety
officers in carrying out their duties, the determination of
claims involving personal injuries believed to have resulted
from COVID-19 or its complications may be uniquely challenging
or delayed given the lack of--
(A) definitive testing and medical records at this
time; and
(B) a definitive uniform body of medical information
about how the disease is spread or its effects.
(b) Purpose.--The purpose of this Act is to establish a carefully
drawn framework wherein claims under the Public Safety Officers'
Benefits program, arising under the unique circumstances described in
subsection (a), can be processed expeditiously and under fair and clear
standards.
SEC. 3. <<NOTE: Time period.>> PUBLIC SAFETY OFFICER BENEFITS.
(a) <<NOTE: Determination.>> Death Benefits.--As determined by the
Bureau of Justice Assistance, unless competent medical evidence
establishes that the death of a public safety officer (as defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968
[[Page 134 STAT. 705]]
(34 U.S.C. 10284)) was directly and proximately caused by something
other than COVID-19, COVID-19 (or complications therefrom) suffered by
the public safety officer shall be presumed to constitute a personal
injury within the meaning of section 1201(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)),
sustained in the line of duty by the officer and directly and
proximately resulting in death, if--
(1) the officer engaged in a line of duty action or activity
between January 1, 2020, and December 31, 2021;
(2) the officer was diagnosed with COVID-19 (or evidence
indicates that the officer had COVID-19) during the 45-day
period beginning on the last day of duty of the officer; and
(3) evidence indicates that the officer had COVID-19 (or
complications therefrom) at the time of the officer's death.
(b) Disability Benefits.--As determined by the Bureau of Justice
Assistance, COVID-19 (or complications therefrom) suffered by a public
safety officer shall be presumed to constitute a personal injury within
the meaning of section 1201(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), sustained in the line
of duty by the officer, if--
(1) the officer engaged in a line of duty action or activity
between January 1, 2020, and December 31, 2021; and
(2) the officer was diagnosed with COVID-19 (or evidence
indicates that the officer had COVID-19) during the 45-day
period beginning on the last day of duty of the officer.
Approved August 14, 2020.
LEGISLATIVE HISTORY--S. 3607:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
May 14, considered and passed Senate.
July 20, considered and passed House.
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